To amend title 38, United States Code, to improve the
disability compensation evaluation procedure of the Secretary of Veterans
Affairs for veterans with mental health conditions related to military sexual
trauma, and for other purposes.

1.

Short title

This Act may be cited as theRuth Moore Act of
2013.

2.

Standard of proof for
service-connection of mental health conditions related to military sexual
trauma

In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, theSecretaryshall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.

(2)

For purposes of this subsection, in the
absence of clear and convincing evidence to the contrary, and provided that the
claimed military sexual trauma is consistent with the circumstances,
conditions, or hardships of the veteran’s service, the veteran’s lay testimony
alone may establish the occurrence of the claimed military sexual
trauma.

(3)

In this subsection:

(A)

The termcovered mental health
conditionmeans post-traumatic stress disorder, anxiety, depression, or
other mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published by the American
Psychiatric Association that the Secretary determines to be related to military
sexual trauma.

(B)

The termmilitary sexual
traumameans, with respect to a veteran, psychological trauma, which in
the judgment of a mental health professional, resulted from a physical assault
of a sexual nature, battery of a sexual nature, or sexual harassment which
occurred during active military, naval, or air
service.

the number of
denials that were based on the failure of a veteran to report for a medical
examination.

(5)

The number of
covered claims that, as of the end of the fiscal year covered by the report,
are pending and, separately, the number of such claims on appeal.

(6)

For the fiscal
year covered by the report, the average number of days that covered claims take
to complete beginning on the date on which the claim is submitted.

(7)

A description of the training that theSecretaryprovides to employees of theVeterans Benefits Administrationspecifically with respect to covered claims, including the frequency, length, and content of such training.

(c)

Definitions

In this section:

(1)

The termcovered claimsmeans claims for disability compensation submitted to theSecretarybased on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma.